Alexander Eugene Aaron Kodjoe Duah V. Commissioner Of Police (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Plea of guilty Application for leave to appeal and to withdraw ples-Principle upon which Court acts in such cases

Facts

The appellant pleaded not guilty to a charge of stealing and the hearing was adjourned. At the adjourned hearing the appellant’s witnesses were absent and the appellant, when asked by Magistrate what he wished to do, said: “11 my witnesses are not here, then it follows that I am guilty.” A ples of guilty was entered. The appellant asked leave to appeal and to withdraw his ples of guilty.

Held

An appeal against a conviction on a ples of guilty can only be enter tained if it appears, (1) that the appellant did not appreciate nature of charge or did not intend to admit it, or (2) that upon the admitted facts the appellant could not in law have been convicted.

The appellant had failed to bring himself within either category and leave to appeal was refused.

Appeal dismissed.